Jury and jurors – Unanimity – OUI

Where (1) a jury found a defendant not guilty of negligent operation of a motor vehicle but guilty of operating a motor vehicle while under the influence of alcohol, (2) having learned that the verdict may not have been unanimous, the trial judge struck the OUI verdict and instructed the jury to redeliberate on that charge and (3) the next day, the jury again found the defendant guilty, the judge committed error by striking the original OUI verdict but that error did not give rise to a substantial risk of a miscarriage of justice.